
[Federal Register: October 16, 2009 (Volume 74, Number 199)]
[Rules and Regulations]               
[Page 53179-53181]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc09-15]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8099]

 
Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities, where the sale of flood 
insurance has been authorized under the National Flood Insurance 
Program (NFIP), that are scheduled for suspension on the effective 
dates listed within this rule because of noncompliance with the 
floodplain management requirements of the program. If the Federal 
Emergency Management Agency (FEMA) receives documentation that the 
community has adopted the required floodplain management measures prior 
to the effective suspension date given in this rule, the suspension 
will not occur and a notice of this will be provided by publication in 
the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's 
scheduled suspension is the third date (``Susp.'') listed in the third 
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a 
particular community was suspended on the suspension date or for 
further information, contact David Stearrett, Mitigation Directorate, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-2953.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase 
flood insurance which is generally not otherwise available. In return, 
communities agree to adopt and administer local floodplain management 
aimed at protecting lives and new construction from future flooding. 
Section 1315 of the National Flood Insurance Act of 1968, as amended, 
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under 
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body 
adopts adequate floodplain management measures with effective 
enforcement measures. The communities listed in this document no longer 
meet that statutory requirement for compliance with program 
regulations, 44 CFR part 59. Accordingly, the communities will be 
suspended on the effective date in the third column. As of that date, 
flood insurance will no longer be available in the community. However, 
some of these communities may adopt and submit the required 
documentation of legally enforceable floodplain management measures 
after this rule is published but prior to the actual suspension date. 
These communities will not be suspended and will continue their 
eligibility for the sale of insurance. A notice withdrawing the 
suspension of the communities will be published in the Federal 
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas 
(SFHAs) in these communities by publishing a Flood Insurance Rate Map 
(FIRM). The

[[Page 53180]]

date of the FIRM, if one has been published, is indicated in the fourth 
column of the table. No direct Federal financial assistance (except 
assistance pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act not in connection with a flood) may legally be 
provided for construction or acquisition of buildings in identified 
SFHAs for communities not participating in the NFIP and identified for 
more than a year, on FEMA's initial flood insurance map of the 
community as having flood-prone areas (section 202(a) of the Flood 
Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This 
prohibition against certain types of Federal assistance becomes 
effective for the communities listed on the date shown in the last 
column. The Administrator finds that notice and public comment under 5 
U.S.C. 553(b) are impracticable and unnecessary because communities 
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification 
letters addressed to the Chief Executive Officer stating that the 
community will be suspended unless the required floodplain management 
measures are met prior to the effective suspension date. Since these 
notifications were made, this final rule may take effect within less 
than 30 days.
    National Environmental Policy Act. This rule is categorically 
excluded from the requirements of 44 CFR part 10, Environmental 
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that 
this rule is exempt from the requirements of the Regulatory Flexibility 
Act because the National Flood Insurance Act of 1968, as amended, 42 
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate 
public body adopts adequate floodplain management measures with 
effective enforcement measures. The communities listed no longer comply 
with the statutory requirements, and after the effective date, flood 
insurance will no longer be available in the communities unless 
remedial action takes place.
    Regulatory Classification. This final rule is not a significant 
regulatory action under the criteria of section 3(f) of Executive Order 
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 
51735.
    Executive Order 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection 
of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.


0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 
1979 Comp.; p. 376.


Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

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                                              Effective date
                                              authorization/
                                 Community   cancellation of    Current effective map     Date certain Federal
      State and location            No.       sale of flood             date              assistance no longer
                                               insurance in                                available in SFHAs
                                                community
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          Region III

Virginia:
    Halifax, Town of, Halifax        510301  March 6, 1975,   October 16, 2009........  October 16, 2009.
     County.                                  Emerg; October
                                              8, 1982, Reg;
                                              October 16,
                                              2009, Susp.
    Halifax County,                  510188  April 4, 1973,   *......do...............   do.
     Unincorporated Areas.                    Emerg; August
                                              1, 1978, Reg;
                                              October 16,
                                              2009, Susp.
    South Boston, Town of,           510153  December 13,     ......do................   do.
     Halifax County.                          1973, Emerg;
                                              March 15,
                                              1978, Reg;
                                              October 16,
                                              2009, Susp.

          Region IV

Alabama:
    Brantley, Town of,               010055  July 5, 2005,    ......do................   do.
     Crenshaw County.                         Emerg; NA,
                                              Reg; October
                                              16, 2009, Susp.
    Crenshaw County,                 010246  December 15,     ......do................   do.
     Unincorporated Areas.                    1975, Emerg;
                                              July 17, 1986,
                                              Reg; October
                                              16, 2009, Susp.
    Dozier, Town of, Crenshaw        010056  May 4, 1990,     ......do................   do.
     County.                                  Emerg; March
                                              1, 1995, Reg;
                                              October 16,
                                              2009, Susp.
    Glenwood, Town of,               010057  December 30,     ......do................   do.
     Crenshaw County.                         2003, Emerg;
                                              NA, Reg;
                                              October 16,
                                              2009, Susp.
    Luverne, City of,                010058  July 9, 1975,    ......do................   do.
     Crenshaw County.                         Emerg; June
                                              24, 1977, Reg;
                                              October 16,
                                              2009, Susp.
    Macon County,                    010148  May 29, 1975,    ......do................   do.
     Unincorporated Areas.                    Emerg; April
                                              1, 1982, Reg;
                                              October 16,
                                              2009, Susp.
    Notasulga, Town of, Macon        010149  July 2, 1975,    ......do................   do.
     County.                                  Emerg;
                                              November 24,
                                              1978, Reg;
                                              October 16,
                                              2009, Susp.
    Tuskegee, City of, Macon         010150  August 8, 1975,  ......do................   do.
     County.                                  Emerg; January
                                              6, 1982, Reg;
                                              October 16,
                                              2009, Susp.
Kentucky:
    Princeton, City of,              210031  June 30, 1975,   ......do................   do.
     Caldwell County.                         Emerg; August
                                              19, 1986, Reg;
                                              October 16,
                                              2009, Susp.

           Region V

Illinois:
    Hamilton, City of,               170271  February 24,     ......do................   do.
     Hancock County.                          1975, Emerg;
                                              October 18,
                                              1983, Reg;
                                              October 16,
                                              2009, Susp.


[[Page 53181]]


          Region VII

Missouri:
    Fayette, City of, Howard         290163  May 19, 1975,    ......do................   do.
     County.                                  Emerg; January
                                              19, 1983, Reg;
                                              October 16,
                                              2009, Susp.
    Franklin, City of, Howard        290482  July 7, 1975,    ......do................   do.
     County.                                  Emerg; March
                                              2, 1983, Reg;
                                              October 16,
                                              2009, Susp.
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* Do. = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: October 7, 2009.
Edward L. Connor,
Acting Assistant Administrator, Mitigation Directorate, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. E9-24913 Filed 10-15-09; 8:45 am]

BILLING CODE 9110-12-P
